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Gramin Sewa Sanstha vs State Of M.P. And Ors.

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
Sep 16, 1986
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court of India
Juez
Bhagwati, P.
Misra, R.
Número de referencia
1986 (2) SCALE 682
Idioma
Inglés
Materia
Tierra y suelos
Palabra clave
Terrenos privados Tenencia de tierras Pueblos indígenas Propiedad de extranjeros Propiedad Derechos de propiedad Bosques privados Presa
Resumen
This is a case where owing to the implementation of Hasdeo Bango Dam Project in Madhya Pradesh, a large number of tribals were to be displaced and the Supreme Court was called upon to consider the aspect of arbitrary nature of the Government in providing alternate land to displaced people. The Court held that the resettlement policy should be such as to enable the tribals to continue with their lifestyle unaffected. The petitioners took a serious objection as the Government was allotting the land to the displaced tribals which actually belonged to some others and who were having legal possession of the land. The State Government had taken an objection that the project was not covered by the Madhya Pradesh Projects Displaced Persons (Re-settlement) Act, 1985 and therefore there was no statutory obligation for the Government to provide re-settlement and rehabilitation to the displaced tribals of this project. The Court refused to accept this argument and directed the State Government to examine why this project cannot be a part of the Act. The Court also directed the Government to allot land after ensuring that there were no encumbrances.
Texto completo
COU-155952.pdf
Página web
www.indiankanoon.org